What do I look for in a good wrongful death attorney?

Asked in Atlanta, GA on March 3, 2020 Last answered on April 29, 2026

2 answers

David M. Van Sant
Answered by:

David M. Van Sant

Atlanta, GA
Van Sant Law, LLC 470-705-1322
Virtual Appointments
Answer

When choosing a good wrongful death attorney, focus on qualities that address the unique emotional, legal, and financial complexities of these cases. Wrongful death claims often involve proving negligence or wrongdoing caused a loved one’s death, navigating strict statutes of limitations (which vary by state), and seeking compensation for economic losses (like medical bills and lost income) as well as non-economic damages (like pain and suffering or loss of companionship).

Here are the key factors to prioritize, based on common recommendations from legal experts and experienced practitioners:

1.  Specific Experience in Wrongful Death Cases
Look for an attorney (or firm) that specializes in wrongful death and personal injury, not just general law. Ask: How many wrongful death cases have you handled? What types (e.g., car accidents, medical malpractice, product liability, nursing home negligence)? Experience matters because these cases require deep knowledge of state-specific laws, evidence rules, and damage calculations. Avoid lawyers who only occasionally dip into this area.

2.  Proven Track Record of Success
Seek attorneys with a history of securing substantial settlements or verdicts in similar cases. Ask for examples of past results (many share anonymized outcomes on their websites). A strong record shows they can negotiate effectively with insurance companies or win at trial if needed. Most cases settle, but you want someone prepared and willing to litigate.

3.  Compassion, Empathy, and Personal Connection
These cases are deeply emotional. A good attorney listens to your story, understands grief, communicates sensitively, and treats you with respect. You should feel comfortable discussing personal details. During consultations, gauge if they seem genuinely caring rather than purely transactional.

4.  Strong Communication and Responsiveness
The attorney should explain things clearly (avoiding excessive jargon), keep you updated regularly, and be accessible. Ask who will handle your case day-to-day (the attorney personally or mostly paralegals?). Responsive lawyers reduce added stress during an already difficult time.

5.  Litigation Experience and Resources
While many cases settle, choose someone not afraid to go to trial if the offer is unfair. They should have trial experience, access to experts (e.g., accident reconstructionists, medical professionals), and the resources to investigate thoroughly.

6.  Transparent Fee Structure
Most wrongful death attorneys work on a contingency basis (no upfront fees; they get paid a percentage of any recovery, typically 33-40%, plus expenses). Confirm this upfront, along with how costs are handled if the case doesn’t succeed. Avoid anyone vague about fees.

7.  Reputation and Reviews
Check independent sources like Avvo, Google Reviews, Martindale-Hubbell, Super Lawyers, or Justia for client feedback and peer ratings. Look for patterns in praise for compassion, results, and communication. Also verify no serious disciplinary issues with your state bar association.

Practical Steps to Find and Evaluate One

•  Start with referrals from trusted sources or directories like Super Lawyers (which rates attorneys based on peer recognition).

•  Schedule free initial consultations (most offer them) with 2-3 attorneys.

•  Prepare questions: About your case strength, expected timeline, potential compensation, and their approach.

•  Trust your instincts—you’ll be working closely with them, often for months or years.

Since laws and who can file vary by state (e.g., typically spouses, children, or parents), consult a local attorney familiar with Georgia rules if that’s relevant to you. This is not legal advice, but these criteria can help you identify someone capable and supportive during a tough time. If you have details about the circumstances (like cause of death), that could help narrow options further.

March 5, 2026
Joshua W. Branch
Answered by:

Joshua W. Branch

Athens, GA
The Law Offices of Joshua W. Branch Injury and Accident Lawyers 706-850-4994
Free Consultation
Answer

Let me begin by saying that I am sorry for your loss.

In so looking for a "good wrongful death attorney," I would suggest looking at track record, successes, reviews, ability/willingness to go to court and try the case (surprisingly a lot of 'trial attorneys' do not actually want to go to court [we do when needed by the way]).  Also, a good rapport with your attorney is important.  You will be working with this person and their firm for a long time so you need to a level of comfort with them.  Also, if dealing with a large firm, I would ask if your case will be moved to another person and if your attorney would be available or if you would be primarily dealing with a "case manager."  We hear that often from those that opt to deal with larger, volume based, personal injury practices. 

April 29, 2026

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